Law increases seriousness of human trafficking

Monday

Aug 18, 2014 at 10:00 PM

Jennie Rodriguez-Moore/Record Staff Writer

State legislators have passed a law that makes human trafficking as serious a crime as other gang offenses, a change that follows the recent passage of another bill to streamline the prosecution of traffickers who move people from county to county.

Stockton is among the city stops women and juvenile girls and boys are transported through for prostitution.

Local authorities are clamping down on the illicit activity, which rivals drug trafficking and is increasingly involving criminal street gangs. Community organizations also are stepping in to offer supportive services to victims.

The legislative changes should make a significant impact in addressing some of the challenges facing prosecutors, including the mobility of criminal enterprises and the inadequate options in punishment.

"If it makes it easier for us to document these gangs so that these enhancements apply, it would be a good thing," said Chief Deputy District Attorney Ron Freitas, who oversees the gang and homicide unit.

SB473, which passed the Senate on Wednesday, will add human trafficking to a list of 33 offenses that can be treated as a gang crime and carry stiffer penalties under the California Street Terrorism Enforcement and Prevention Act, said Maria Lopez, communications director for Block’s office.

"Gangs use prostitution and human trafficking to generate and launder money," Freitas said. "They do this, one, because it’s thought of as a victimless crime.

"Even when they’re caught, they traditionally don’t serve substantial prison sentences like they would if they committed other crimes, such as drug or weapons trafficking."

Freitas said human trafficking cases are difficult to prosecute. The gang element elevates the complexity.

"Witnesses are often threatened with retaliation, and those threats involve great bodily injury or death," Freitas said.

"So the longer it takes to prosecute these cases and the more jurisdictions involved," Freitas said, the less likely it is law enforcement can retain witness cooperation to convict perpetrators.

As it currently stands, perpetrators could have cases in multiple jurisdictions where they’re caught and the victims sometimes have to testify more than once in the different counties they were trafficked through.

Senate members on Monday passed SB939, a law that, if signed, will allow for the consolidation of cases from various counties.

Joelle Gomez, executive director of The Women’s Center-Youth and Family Services, said it would reduce the trauma victims have to endure in re-testifying while closing gaps in the system and improving communication between counties.

"I’m absolutely for this, and any legislation that would bring stronger accountability to the traffickers, as well as adding layers of extra protection for these victims," Gomez said.

Gomez said local law enforcement has made significant progress since 2006 in addressing the sexual exploitation of people for profit.

Gomez chairs a Human Trafficking Task Force, made up of law enforcement and community groups, that is in the process of developing an action plan to curb the activity. It will include the creation of protocols and education for youth and the community.

Gomez believes the amendments to the list of criminal street gang offenses also will have a major impact in Stockton, where there is a high concentration of gangs.